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COM. v. THIRKIELD

502 Pa. 542 (1983)

467 A.2d 323

COMMONWEALTH of Pennsylvania, Appellant, v. Glenn THIRKIELD.

Supreme Court of Pennsylvania.

Decided November 16, 1983.

Attorney(s) appearing for the Case

Michael J. Veshecco, Dist. Atty., Shad Connelly, Asst. Dist. Atty., Erie, for appellant.

Dist. Attys.' Ass'n, Bernard Siegel, Chief Deputy Dist. Atty., Eric B. Henson, Deputy Dist. Atty., Robert B. Lawler, Chief Appeals, Asst. Dist. Atty., Philadelphia, for amicus curiae Pa.

Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Deputy Dist. Atty., Melinda G. Tell, Asst. Dist. Atty., for amicus curiae Dist. Atty. of Allegheny County, Pa.

Joseph Kownacki, Public Defender, Carmela Presogna, Asst. Public Defender, Erie, for appellee.

Leonard Sosnov, Asst. Defender, Chief, Law Reform Div., John W. Packel, Asst. Defender, Chief, Appeals Div., Benjamin Lerner, Defender, Philadelphia, for amici curiae Defender Ass'n of Philadelphia and Pennsylvania Public Defenders Ass'n.

Before ROBERTS, C.J., and NIX, LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.

ORDER

PER CURIAM.

The appeal is dismissed as having been improvidently granted.

McDERMOTT, J., files a dissenting opinion.

McDERMOTT, Justice, dissenting.

I regret the summary disposition of this case. Appeal was allowed to review the issue of the substantive admissibility of prior statements made by a present testifying witness. The all too frequent occurrence is that of a witness' pretrial...

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